Roshan Choudhary @ Roshan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71729 of 2022 Arising Out of PS. Case No.-575 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== ROSHAN CHOUDHARY @ ROSHAN KUMAR CHOUDHARY Son of Vibhuti Choudhary R/v- Jhandhapur, P.S.- Bihpur, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 156 liters of liquor from a Tata magic car. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on secret information because of his antecedent, it is also submitted that petitioner is neither the owner nor the driver of the alleged

Patna High Court CR. MISC. No.71729 of 2022(2) dt.23-12-2022 2/2 vehicle.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihpur (Jhandapur) P.S. Case No. 575 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has more than one criminal antecedent then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) GauravSinha/- U T